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NY R01815




May 2, 2005

CLA-2-94:RR:NC:1:108: R01815

CATEGORY: CLASSIFICATION

TARIFF NO.: 9405.50.4000

Ms. Luisa Melendez
Blyth, Inc.
999 E. Touhy Avenue, Ste. 500
Des Plaines, IL 60018

RE: The tariff classification and marking of a candleholder set from Taiwan.

Dear Ms. Melendez:

In your letter dated April 18, 2005, you requested a tariff classification and marking ruling.

The subject merchandise, based on the submitted information, is a candleholder set, which consists of the following: a cylindrical wax candleholder, measuring approximately 4 inches in height, that has flowers or other botanicals embedded within its body, as well as an interior thick protective plastic film; and a removable cylindrical candle.

It is stated that the wax candleholder, originating from China, will be shipped to Taiwan, where the candle is produced, in order to be packaged with the candle for export to the United States. It has been determined that the essential character of the set is imparted by the candleholder and that this set will be imported in a clear-transparent shrink-wrapped condition, which is suitable for sale directly to users without repacking.

The applicable subheading for this candleholder set will be 9405.50.4000, Harmonized Tariff Schedule of the United States (HTS), which provides for other non-electrical lamps and lighting fittings, other. The rate of duty will be 6 percent ad valorem.

The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article.

As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it without strain.

With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)), provides that as a general rule marking requirements are best met by marking worked into the article at the time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk, molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate purchaser unless deliberately removed is acceptable.

Although there was no proposal as to how these goods will be marked, it is required that the individual country of origin, China and Taiwan, should be properly marked in corresponding with the candleholder and candle, respectively, on the shrink-wrapped packaging. This marking should be done in a conspicuous, legible and permanent manner and in satisfaction of the marking requirements of 19 U.S.C. 1304 and 19 CFR Part 134, noting that marking the bottom of the packaging is not considered to be conspicuous for Customs’ purposes.

This importation of merchandise, containing natural flowers or other natural botanicals as in the above-described product, may be subject to regulations or restrictions administered by the U.S. Department of Agriculture, Animal and Plant Health Division (APHIS). You are advised, in regard to obtaining information on these regulations, to contact the aforementioned agency at the following location:

U.S. Department of Agriculture
APHIS
Plant Protection and Quarantine Permit Unit 4700 River Road, Unit 136
Riverdale, MD 20737-1236
Telephone number: 877-770-5990

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Michael Contino at 646-733-3014.

Sincerely,

Robert B. Swierupski
Director,

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